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2017 Arkansas Code
Title 8 - Environmental Law
Chapter 7 - Hazardous Substances
Subchapter 14 - Controlled Substances Contaminated Property Cleanup Act
§ 8-7-1405. Notice -- Cleanup -- Residual contamination
Universal Citation: AR Code § 8-7-1405 (2017)
- (a) If a law enforcement officer discovers a laboratory for the manufacture of controlled substances or arrests a person for having equipment used in manufacturing controlled substances on any real property, the law enforcement officer shall at the time of the discovery or arrest deliver a copy of the notice of removal required under subsection (d) of this section to:
- (1) The owner of the real property if the owner is present at the time of the discovery or arrest;
- (2) The on-site manager if the on-site manager is present at the time of the discovery or arrest;
- (3) An on-site drop box if available; or
- (4) In the case of a tenant-owner unit in a space-rental mobile home or a recreational vehicle park to:
- (A) The occupant if the occupant is on site at the time of delivery; or
- (B) The on-site park landlord if the on-site park landlord is present at the time of delivery.
- (b)
- (1) If neither the owner nor the on-site manager of a property used in manufacturing controlled substances is on the property at the time of the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall make every reasonable effort to obtain the necessary contact information concerning the owner from the tenant, property manager, or neighbors.
- (2) Within five (5) business days after the discovery of or arrest regarding a laboratory for the manufacture of controlled substances, the law enforcement officer shall send the notice of removal required under subsection (d) of this section by certified mail and regular mail to the owner of the property and the owner's on-site manager or, in the case of a space-rental mobile home or a recreational vehicle park, to the park landlord.
- (3) The Arkansas Department of Environmental Quality shall cooperate with the Arkansas Crime Information Center to create a computer link that will allow the center to transfer to the department information from the National Clandestine Laboratory Seizure Report required under 28 C.F.R. Part 23 that is relevant to the notice of removal required under subsection (d) of this section.
- (c)
- (1) At the time a law enforcement officer removes the gross contamination from property used as a laboratory for the manufacture of controlled substances, the law enforcement officer shall order the removal of all persons from the residually contaminated portion of the property or dwelling unit or in the case of a space-rental mobile home or a recreational vehicle park from the unit located on the property.
- (2) After the law enforcement officer removes all persons under subdivision (c)(1) of this section, the law enforcement officer shall affix the notice of removal required under subsection (d) of this section in a conspicuous place on the property or in the case of a space-rental mobile home or a recreational vehicle park on the unit located on the property.
- (d) The notice of removal under this section shall be in writing and shall contain all of the following:
- (1) The word "WARNING" in large bold type at the top and the bottom of the notice;
- (2) The date of the seizure and removal;
- (3) The address or location of the property, including the identification of any dwelling unit, room number, apartment number, or vehicle number;
- (4) The name of the law enforcement agency that seized the laboratory for the manufacture of controlled substances and the agency's contact telephone number;
- (5) A list of telephone numbers and contact information for all local and state agencies involved in the process of remediation;
- (6) The contact numbers for local and state agencies associated with the cleanup of laboratories for the manufacture of controlled substances; and
- (7) A statement that:
- (A) A laboratory for the manufacture of controlled substances was discovered on the property;
- (B) Chemicals or equipment, or both, that were used in the manufacture of controlled substances were seized at the property;
- (C) Hazardous substances, toxic chemicals, or other waste products may still be present on the property or, in the case of space-rental mobile home or a recreational vehicle park, in the unit located on the property;
- (D)
- (i) It is unlawful for any unauthorized person to enter a residually contaminated property or in the case of a space-rental mobile home or recreational vehicle park the unit located on the property until the Arkansas Department of Environmental Quality establishes that the portion of the property identified as residually contaminated has been properly remediated.
- (ii) The following persons are authorized to enter a residually contaminated property or in the case of a space-rental mobile home or recreational vehicle park the unit located on the property:
- (a) An employee of the department;
- (b) A law enforcement officer;
- (c) The owner of a residually contaminated property; and
- (d) A representative of an owner of a residually contaminated property if the representative has signed a waiver of liability;
- (E) Failure to comply with § 8-7-1405 is a violation of the department's rules pertaining to the cleanup of laboratories for the manufacture of controlled substances;
- (F) Disturbing the notice of removal posted on the property is a violation of the department's rules concerning the cleanup of laboratories for the manufacture of controlled substances; and
- (G) The owner of the property is responsible for remediating the residually contaminated portion of the property in compliance with the department's rules concerning the cleanup of laboratories for the manufacture of controlled substances.
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